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fork-it

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  1. Where does it say the UTCCR's 1999 has been superceded? & what section in the CPUT would be the point you refer to in this case?
  2. They could have identified me from a DVLA lookup on their subscriber account they have with the DVLA. I would be surprised they would take me to court, its a hefty risk they are taking on. Someone suggested I write to my MP, and this letter come to mind OTOH.
  3. If if it were, £265 penalty is too high (no legislation setting the fee anyway), she can claim unjust enrichment.
  4. purplesuzie If your chargeback is not successful, the way I see this is you have to appeal against the towing, and if that appeal is rejected then appeal to NPAS If the council wont let you appeal because you have already paid the fine (towing) then you will have to recover the money in the small claims track.
  5. I appealed by email (as allowed on the back of the ticket) for completeness. and I have received this reply.
  6. There is no template, but I can knock together some claim particulars specific to your case. What do you want to do? reclaim from the council & bailiff jointly? or go thru the Local Government Ombudsman and police investigation route? If i write your claim POCs for you, I do so without any liability and I need you to agree to that in the forum.
  7. Reclaim it from the council using the small claims track. £900 is way over the top. Cite Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008. Name the bailiff company as a joint defendant, that will get them into court. Dont accept anything less, you want 100% of your money back. Did you pay using a credit card, if yes, then reclaim it using a chargeback. The grounds the merchant made a false representation to get you to make over a credit money transfer. Section 75 of the Consumer Credit Act 1975. Was the car in finance? if yes, then you recover the money on the basis the goods did not belong to the debtor.
  8. The only bailiffs fees you have to pay are statutory fees, in this case its £24.50. The law does allow bailiffs to claim "reasonable costs". You dont have to pay his costs unless the bailiff has obtained a costs order or gives evidence those costs are genuine. Hiring a van is not genuine because the bailiff already attended in it as a course of charging you the statutory £24.50 visit fee. If the bailiff exaggerates his costs then he commits an offence under Section 2 of the Fraud Act 2006. At minimum he is claiming unjust enrichment. If a bailiff says he already has a costs order, but you find out he doesnt, then he commits an offence under Section 40 of the Administration of Justice Act 1970. Contact your local councillor, and make a complaint, Dont bother complaining to the bailiffs of their trade associations. You will only waste your time. 1. Is there a liability order? 2. if yes, did you receive a reminder before you received a bailiff? if no then make a complaint to the council in writing on the grounds they failed to comply with regulations for council tax enforcement. The law is Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made if the council does not cooperate then escalate your complaint to the Local Government Ombudsman.
  9. you can make a complaint to the court that issued the bailiffs certificate on the grounds of falsely representing a higher fee than he was lawfully entitled, in the alternative the bailiff claimed unjust enrichment.
  10. You do not have to sign it. You dont have to let them into your property. You dont have to even speak to them. Do not reply to it. Just put it on the claim file.
  11. He probably wont turn up tomorrow, bailiffs are trained to be a little less predictable. Ideally you need a 4 channel CCTV system that carries audio, and add a few USB cameras to get the closeups. As I am vulnerable to unexpected bailiffs due to travelling in London alot as a property surveyor. I use this system for my own house. http://www.uksecurityshop.com/special-offer---4-input-avtech-kpd-674-original-h264-cctv-dvr-2010-version-with-hdd-option-23-p.asp 4 channels. 1, front door, 2, front gate, 3 back door, 4 back of property. Only cameras 1 and 3 carry an audio channel, A separate 5th camera with audio on an intercom (non recording) outside the gate if they are closed. I drive an LPG C-Charge exempt car, but TFL constantly mistakenly issued unpaid C-charge notices anyway. I ignored them all - until TFL fixed their computer to recognise LPG exempt vehicles. It was quite a money spinner catching cheating bailiffs on the CCTV system.
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